LAWS(JHAR)-2010-2-127

AYODHYA PRASAD VISHWAKARMA Vs. THE STATE OF JHARKHAND

Decided On February 15, 2010
Ayodhya Prasad Vishwakarma Appellant
V/S
THE STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned Counsel for the appellant and learned Counsel for the State.

(2.) This appeal is directed against the judgment of conviction dated 24.09.2001 and order of sentence dated 25.09.2001 passed by Shri S.A. Qadr, learned 6th Additional Sessions Judge, Dhanbad in Sessions Trial Case No. 630 of 1994, by which judgment, he found the sole appellant, Ayodhya Prasad Vishwakarma guilty for the offence under Section 314 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 2000/- and in default to undergo simple imprisonment for six months and he has also been found guilty under Section 304A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years. Further, the court directed that the sentences will run concurrently.

(3.) It is submitted by learned Counsel for the appellant that there is no evidence that the appellant treated the victim girl Taro Kumari or that the appellant caused miscarriage and conducted surgery on the person of the victim girl, due to which, she died by excessive bleeding, and as such, his conviction under Section 304A or under Section 314 of the Indian Penal Code, is bad in law and fit to be set aside.